The Court held that it cannot decide the quantum of damages or the bonafide nature of goods sold as the buyer is not a party to the petition. The matter is beyond the Court's extraordinary jurisdiction.
Petition dismissed with observations directing petitioners to seek appropriate remedy before a civil court.
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SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7189 OF 2007
M/s.Orion Commodities & Services & Anr. ..Petitioners.
V/s.
Union of India & Ors. ..Respondents.
Mr.V.R.Dhond with N.Sahu i/b. S.K.Srivastav & Co. for
petitioners.
Mr.J.Rana, senior counsel with P.S.Jetly for
respondents.
CORAM : F.I.REBELLO AND
J.P.DEVADHAR, JJ.
DATED : 4TH OCTOBER, 2007.
P.C. :-
The communication dated 7/9/2007 indicates
that the goods have been sold. Whether the sale is
bonafide or malafide and the quantum of damages, if
any, cannot be decided in the exercise of our
jurisdiction. Apart from that, the party to whom the
goods are sold is not a party to this petition. This
would, therefore, not be a fit case to exercise our
extra ordinary jurisdiction.
It would be open to the petitioners to seek
appropriate remedy before an appropriate forum
including a Civil Court. Petition is dismissed with
the above observations.
(J.P.DEVADHAR, J.)(F.I.REBELLO, J.)
1 issue framed by the court
Whether the Writ Court can decide the quantum of damages and question the bonafide or malafide nature of a sale not involving a party to the correspondence.
1 provisions across 1 enactments
M/s.Orion Commodities & Services & Anr.
Union of India & Ors.
F.I.Rebello
J.P.Devadhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court